Detained migrants have no constitutional right to bond hearings, US court rules
A US appeals court ruled on Friday that Donald Trump's administration is not required under the US Constitution to give detained immigrants a chance to seek release on bond.
In a 10-7 ruling, powered by its conservative majority, the New Orleans-based 5th US Circuit Court of Appeals decided that the Constitution's Fifth Amendment due process protections do not require that immigration detainees receive bond hearings.
"To the extent petitioners seek to vindicate a liberty interest to be free from physical restraint in the most abstract sense, they can do so at any moment by agreeing to leave the country," US Circuit Judge Cory Wilson, a Trump appointee, wrote in the decision.
https://www.reuters.com/legal/government/detained-migrants-have-no-constitutional-right-bond-hearings-us-court-rules-2026-10-23/Open linkView original on lemmy.world
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Emphasis mine. The 5th amendment is clear in stating "no person shall". It doesn't say they have to be citizens or legal immigrants or whatever. It applies to any person. Guess they can just take the Constitution and wipe their ass with it.
If only people had reading comprehension.
This is so obvious.
I am sad for this nation..
actual fucking ghoul
It's the Fifth Circuit. That's just normal for them.
That person needs time in one of the concentration camps. Long enough that they stop referring to it in the abstract sense like a sociopath.
If I were religious, I'd be praying for vigilante justice. Give me a Frank Castle, that way the right can finally learn what he's all about.
It is interesting that part of his canon is literally telling cops who are glorifying him to knock it the fuck off, or he’s gonna start considering them a problem
This is probably going to be upheld. I don't think you have a right to bond or bail, especially not under the 5th amendment. Having your day in court is still due process, even if you remain in jail until that day.
However, it may be a violation of the 14th amendment's equal protection clause, as it's denying certain legal mechanisms to certain people or groups of people.
But there may be a counter-agent argument for that, where if they deny bond hearings for all cases under immigration law, they could argue that that's equal protection.
Given reports on the way they're treated in the gulags, they don't have any human rights in general.